NY State Assembly Bill 2023-A7871A

Assembly Bill A7871A

2023-2024 Legislative Session

Provides that any disability or death of a volunteer firefighter caused by Parkinson's Disease was caused by an accident and sustained in the performance and discharge of duty unless proven otherwise

download bill text pdf

Current Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 10, 2024	print number 7871a
Apr 10, 2024	amend and recommit to governmental employees
Jan 03, 2024	referred to governmental employees
Jul 07, 2023	referred to governmental employees

Bill Amendments

Original

A (Active)

co-Sponsors

2023-A7871 - Details

Current Committee:: Assembly Governmental Employees
Law Section:: Retirement and Social Security Law
Laws Affected:: Add §§65 & 363-g, R & SS L; add §511-b, Ed L; add §11-d, Vol Ffs Ben L

2023-A7871 - Summary

Provides that any condition of impairment of health caused by Parkinson's Disease, resulting in total disability or death to a volunteer firefighter is presumptive evidence that such disability or death was caused by the natural and proximate result of an accident and was sustained in the performance and discharge of duty.

2023-A7871 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7871
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               July 7, 2023
                                ___________
 
 Introduced by M. of A. SILLITTI -- read once and referred to the Commit-
   tee on Governmental Employees
 
 AN  ACT  to  amend the retirement and social security law, the education
   law and the volunteer firefighters' benefit law, in relation to  disa-
   bility  retirement benefits for the presumption of Parkinson's Disease
   for volunteer firefighters

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The retirement and social security law is amended by adding
 a new section 65 to read as follows:
   §  65.  VOLUNTEER  FIREFIGHTER CERTAIN IMPAIRMENTS OF HEALTH; PRESUMP-
 TION. NOTWITHSTANDING ANY  OTHER  PROVISIONS  OF  THIS  CHAPTER  TO  THE
 CONTRARY,  ANY  CONDITION  OF IMPAIRMENT OF HEALTH CAUSED BY PARKINSON'S
 DISEASE, RESULTING IN TOTAL OR PARTIAL DISABILITY OR DEATH TO  A  MEMBER
 WHO  OUTSIDE HIS OR HER RETIREMENT SYSTEM MEMBERSHIP IS ALSO A VOLUNTEER
 FIREFIGHTER IN THIS STATE AND HAS BEEN FOR  A  MINIMUM  OF  FIVE  YEARS,
 WHERE SUCH VOLUNTEER FIREFIGHTER SUCCESSFULLY PASSED A PHYSICAL EXAMINA-
 TION  ON  ENTRY  INTO  SERVICE  AS A VOLUNTEER FIREFIGHTER OR SUBSEQUENT
 THERETO, WHICH EXAMINATION FAILED TO REVEAL ANY EVIDENCE OF SUCH  CONDI-
 TION,  SHALL BE PRESUMPTIVE EVIDENCE THAT, UNLESS THE CONTRARY BE PROVEN
 BY COMPETENT EVIDENCE, SUCH DISABILITY OR DEATH OF THE  MEMBER  (A)  WAS
 CAUSED BY THE NATURAL AND PROXIMATE RESULT OF AN ACCIDENT, NOT CAUSED BY
 SUCH  MEMBER'S  OWN  WILLFUL  NEGLIGENCE,  AND  (B)  WAS INCURRED IN THE
 PERFORMANCE AND DISCHARGE OF THE MEMBER'S DUTY.  THE MEMBER SHALL SUBMIT
 DOCUMENTATION VERIFYING THAT THEY MEET THE ELIGIBILITY  REQUIREMENTS  OF
 THIS SECTION.
   § 2. The retirement and social security law is amended by adding a new
 section 363-g to read as follows:
   § 363-G. VOLUNTEER FIREFIGHTER CERTAIN IMPAIRMENTS OF HEALTH; PRESUMP-
 TION.  NOTWITHSTANDING  ANY  OTHER  PROVISIONS  OF  THIS  CHAPTER TO THE
 CONTRARY, ANY CONDITION OF IMPAIRMENT OF HEALTH  CAUSED  BY  PARKINSON'S
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03391-04-3

 A. 7871                             2
 
 DISEASE,  RESULTING  IN TOTAL OR PARTIAL DISABILITY OR DEATH TO A MEMBER
 WHO OUTSIDE HIS OR HER RETIREMENT SYSTEM MEMBERSHIP IS ALSO A  VOLUNTEER
 FIREFIGHTER  IN  THIS  STATE  AND  HAS BEEN FOR A MINIMUM OF FIVE YEARS,
 WHERE SUCH VOLUNTEER FIREFIGHTER SUCCESSFULLY PASSED A PHYSICAL EXAMINA-
 TION  ON  ENTRY  INTO  SERVICE  AS A VOLUNTEER FIREFIGHTER OR SUBSEQUENT
 THERETO, WHICH EXAMINATION FAILED TO REVEAL ANY EVIDENCE OF SUCH  CONDI-
 TION,  SHALL BE PRESUMPTIVE EVIDENCE THAT, UNLESS THE CONTRARY BE PROVEN
 BY COMPETENT EVIDENCE, SUCH DISABILITY OR DEATH OF THE  MEMBER  (A)  WAS
 CAUSED BY THE NATURAL AND PROXIMATE RESULT OF AN ACCIDENT, NOT CAUSED BY
 SUCH  MEMBER'S  OWN  WILLFUL  NEGLIGENCE,  AND  (B)  WAS INCURRED IN THE
 PERFORMANCE AND DISCHARGE OF THE MEMBER'S DUTY.  THE MEMBER SHALL SUBMIT
 DOCUMENTATION VERIFYING THAT THEY MEET THE ELIGIBILITY  REQUIREMENTS  OF
 THIS SECTION.
   §  3.  The  education  law is amended by adding a new section 511-b to
 read as follows:
   § 511-B. VOLUNTEER FIREFIGHTER CERTAIN IMPAIRMENTS OF HEALTH; PRESUMP-
 TION. NOTWITHSTANDING ANY  OTHER  PROVISIONS  OF  THIS  CHAPTER  TO  THE
 CONTRARY,  ANY  CONDITION  OF IMPAIRMENT OF HEALTH CAUSED BY PARKINSON'S
 DISEASE, RESULTING IN TOTAL OR PARTIAL DISABILITY OR DEATH TO  A  MEMBER
 WHO  OUTSIDE HIS OR HER RETIREMENT SYSTEM MEMBERSHIP IS ALSO A VOLUNTEER
 FIREFIGHTER IN THIS STATE AND HAS BEEN FOR  A  MINIMUM  OF  FIVE  YEARS,
 WHERE SUCH VOLUNTEER FIREFIGHTER SUCCESSFULLY PASSED A PHYSICAL EXAMINA-
 TION  ON  ENTRY  INTO  SERVICE  AS A VOLUNTEER FIREFIGHTER OR SUBSEQUENT
 THERETO, WHICH EXAMINATION FAILED TO REVEAL ANY EVIDENCE OF SUCH  CONDI-
 TION,  SHALL BE PRESUMPTIVE EVIDENCE THAT, UNLESS THE CONTRARY BE PROVEN
 BY COMPETENT EVIDENCE, SUCH DISABILITY OR DEATH OF THE  MEMBER  (A)  WAS
 CAUSED BY THE NATURAL AND PROXIMATE RESULT OF AN ACCIDENT, NOT CAUSED BY
 SUCH  MEMBER'S  OWN  WILLFUL  NEGLIGENCE,  AND  (B)  WAS INCURRED IN THE
 PERFORMANCE AND DISCHARGE OF THE MEMBER'S DUTY.  THE MEMBER SHALL SUBMIT
 DOCUMENTATION VERIFYING THAT THEY MEET THE ELIGIBILITY  REQUIREMENTS  OF
 THIS SECTION.
   §  4.  The  volunteer firefighters' benefit law is amended by adding a
 new section 11-d to read as follows:
   § 11-D. VOLUNTEER FIREFIGHTERS; PRESUMPTION  OF  PARKINSON'S  DISEASE.
 NOTWITHSTANDING  ANY  OTHER  PROVISIONS OF THIS CHAPTER TO THE CONTRARY,
 ANY CONDITION OF IMPAIRMENT OF  HEALTH  CAUSED  BY  PARKINSON'S  DISEASE
 RESULTING  IN  TOTAL OR PARTIAL DISABILITY OR DEATH TO A VOLUNTEER FIRE-
 FIGHTER, OR ANY RETIRED VOLUNTEER FIREFIGHTER WHO HAS BEEN  RETIRED  FOR
 TWO  OR LESS YEARS, WHERE SUCH VOLUNTEER FIREFIGHTER SUCCESSFULLY PASSED
 A PHYSICAL EXAMINATION ON ENTRY  INTO  SERVICE  OR  SUBSEQUENT  THERETO,
 WHICH  EXAMINATION  FAILED TO REVEAL ANY EVIDENCE OF SUCH CONDITION, AND
 WHO HAS BEEN A VOLUNTEER FIREFIGHTER IN THIS STATE FOR A MINIMUM OF FIVE
 YEARS, SHALL BE PRESUMPTIVE EVIDENCE THAT SUCH DISABILITY OR  DEATH  (A)
 WAS  CAUSED  BY  THE  NATURAL  AND  PROXIMATE RESULT OF AN ACCIDENT, NOT
 CAUSED BY SUCH FIREFIGHTER'S OWN NEGLIGENCE, AND (B) WAS INCURRED IN THE
 PERFORMANCE AND DISCHARGE OF DUTY, UNLESS  THE  CONTRARY  BE  PROVEN  BY
 COMPETENT EVIDENCE.
   § 5. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This  bill  would  amend  the  Retirement  and  Social Security Law to
 provide Tier 1 and Tier 2 members  of  the  New  York  State  and  Local
 Employees'  Retirement  System (NYSLERS) and all members of the New York
 State and Local Police and Fire  Retirement  System  (NYSLPFRS)  with  a
 presumption  that  any disability or death resulting from impairments of
 health related to Parkinson's Disease are  the  result  of  an  accident
 sustained  in  the performance of duty unless the contrary can be proven
 A. 7871                             3
 
 by competent evidence. To be eligible, the member must (1) be  a  volun-
 teer  firefighter  in New York State and have been for at least 5 years,
 (2) have passed a physical examination,  and  (3)  submit  documentation
 verifying these eligibility requirements are satisfied.
   Insofar  as  it  will  affect  the New York State and Local Retirement
 System, if this bill is enacted it would lead to more  disabilities  and
 deaths being classified as "accidental". The cost of the revised benefit
 will  depend upon the applicant's age, service, salary, plan and benefit
 type otherwise payable.
 
 Benefit without     None     Ordinary     POD         Service   Death
 enactment:                   Disability   Disability
 
 Cost for revised   10 times  5.5 times    3 times     2 times   13 times
 benefit:           salary    salary       salary      salary    salary
 
   The exact number of current members as  well  as  future  members  who
 could  be  affected  by  this  legislation cannot be readily determined.
 Those costs arising in the NYSLERS and NYSLPFRS will be  shared  by  the
 State  of  New  York  and  the  participating  employers of each system,
 respectively.
   Summary of relevant resources:
   Membership data as of March 31, 2022 was used in measuring the  impact
 of the proposed change, the same data used in the April 1, 2022 actuari-
 al  valuation.    Distributions and other statistics can be found in the
 2022 Report of the Actuary and the 2022 Annual  Comprehensive  Financial
 Report.
   The  actuarial assumptions and methods used are described in the 2020,
 2021, and 2022 Annual Report to the  Comptroller  on  Actuarial  Assump-
 tions,  and  the  Codes, Rules and Regulations of the State of New York:
 Audit and Control.
   The Market Assets and GASB Disclosures are found in the March 31, 2022
 New York State and Local  Retirement  System  Financial  Statements  and
 Supplementary Information.
   I am a member of the American Academy of Actuaries and meet the Quali-
 fication Standards to render the actuarial opinion contained herein.
   This  fiscal note does not constitute a legal opinion on the viability
 of the proposed change nor is it intended to serve as a  substitute  for
 the professional judgment of an attorney.
   This  estimate,  dated  May 31, 2023, and intended for use only during
 the 2023 Legislative Session, is Fiscal Note No.  2023-56,  prepared  by
 the Actuary for the New York State and Local Retirement System.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This  bill  would  amend various sections of the Education Law and the
 Retirement and Social Security Law to provide an  accidental  disability
 benefit  to  an eligible active member or an accidental death benefit to
 the beneficiary of an eligible deceased member of  the  New  York  State
 Teachers'  Retirement System who has been a volunteer firefighter in New
 York State for a minimum of five years and  develops  any  condition  of
 impairment of health caused by Parkinson's Disease resulting in total or
 partial   disability   or  death.  Such  impairment  of  health  due  to
 Parkinson's Disease will be considered caused by an accident, not caused
 by such member's own willful negligence, and will be considered to  have
 been incurred in the performance of duty.
   Under current law a disability benefit is generally equal to one-third
 of  final average salary. Ten years of service are required to be eligi-
 A. 7871                             4
 
 ble for a disability benefit,  although  this  ten-year  requirement  is
 waived  in  the  case  of  an  accidental disability incurred during the
 performance of duty. The amount of the accidental disability benefit  is
 the same as that of the ordinary disability benefit.
   Under  current  law  the  death  benefit for an active member who dies
 prior to retirement is generally equal to three times the member's  last
 year's  salary,  payable  as a lump sum. The death benefit for an active
 member who dies prior  to  retirement  as  the  result  of  an  accident
 sustained  during the performance of duty is equal to a lifetime benefit
 equal to 50% of the regular salary earned during the member's last  year
 of service.
   The  overall  cost  of  this  bill cannot be readily determined as the
 ultimate number of volunteer firefighter disability retirements or acci-
 dental deaths caused by Parkinson's Disease cannot be determined at this
 time.
   The average cost  per  individual  member  impacted  is  estimated  as
 follows:
 
 Member Age       Disability Benefit          Accidental Death Benefit
     30       $250,000 (4.3 times salary)    $240,000 (4.2 times salary)
     40       $320,000 (4.0 times salary)    $310,000 (3.9 times salary)
     50       $350,000 (3.6 times salary)    $340,000 (3.4 times salary)
 
   The  actual cost per member would be dependent on the member and bene-
 ficiary's age, tier, years of service and salary. The  costs  above  are
 determined  based  on averages, so the actual cost for a member could be
 higher or lower.
   Member data is from  the  System's  most  recent  actuarial  valuation
 files,  consisting  of  data provided by the employers to the Retirement
 System.  Data distributions and statistics can be found in the  System's
 Annual  Report.  System assets are as reported in the System's financial
 statements and can also be found in the System's Annual Report. Actuari-
 al assumptions and methods are provided in the System's Actuarial  Valu-
 ation Report.
   The  source of this estimate is Fiscal Note 2023-17 dated June 9, 2023
 prepared by the Office of the Actuary of the New  York  State  Teachers'
 Retirement  System and is intended for use only during the 2023 Legisla-
 tive Session. I, Richard A. Young, am the Chief Actuary for the New York
 State Teachers' Retirement System. I am a member of the American Academy
 of Actuaries and I meet the  Qualification  Standards  of  the  American
 Academy of Actuaries to render the actuarial opinion contained herein.

co-Sponsors

2023-A7871A (ACTIVE) - Details

Current Committee:: Assembly Governmental Employees
Law Section:: Retirement and Social Security Law
Laws Affected:: Add §§65 & 363-g, R & SS L; add §511-b, Ed L; add §11-d, Vol Ffs Ben L

2023-A7871A (ACTIVE) - Summary

2023-A7871A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7871--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               July 7, 2023
                                ___________
 
 Introduced  by M. of A. SILLITTI, SANTABARBARA -- read once and referred
   to the Committee on  Governmental  Employees  --  recommitted  to  the
   Committee  on  Governmental Employees in accordance with Assembly Rule
   3, sec. 2 -- committee discharged, bill amended, ordered reprinted  as
   amended and recommitted to said committee

 AN  ACT  to  amend the retirement and social security law, the education
   law and the volunteer firefighters' benefit law, in relation to  disa-
   bility  retirement benefits for the presumption of Parkinson's Disease
   for volunteer firefighters
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The retirement and social security law is amended by adding
 a new section 65 to read as follows:
   §  65.  VOLUNTEER  FIREFIGHTER CERTAIN IMPAIRMENTS OF HEALTH; PRESUMP-
 TION. NOTWITHSTANDING ANY  OTHER  PROVISIONS  OF  THIS  CHAPTER  TO  THE
 CONTRARY,  ANY  CONDITION  OF IMPAIRMENT OF HEALTH CAUSED BY PARKINSON'S
 DISEASE, RESULTING IN TOTAL DISABILITY OR DEATH TO A MEMBER WHO  OUTSIDE
 HIS  OR HER RETIREMENT SYSTEM MEMBERSHIP IS ALSO A VOLUNTEER FIREFIGHTER
 IN THIS STATE AND HAS BEEN FOR A  MINIMUM  OF  FIVE  YEARS,  WHERE  SUCH
 VOLUNTEER  FIREFIGHTER  SUCCESSFULLY  PASSED  A  PHYSICAL EXAMINATION ON
 ENTRY INTO SERVICE AS A VOLUNTEER FIREFIGHTER, WHICH EXAMINATION  FAILED
 TO  REVEAL ANY EVIDENCE OF SUCH CONDITION, SHALL BE PRESUMPTIVE EVIDENCE
 THAT, UNLESS THE CONTRARY BE PROVEN BY COMPETENT EVIDENCE, SUCH DISABIL-
 ITY OR DEATH OF THE MEMBER (A) WAS CAUSED BY THE NATURAL  AND  PROXIMATE
 RESULT  OF  AN  ACCIDENT, NOT CAUSED BY SUCH MEMBER'S OWN WILLFUL NEGLI-
 GENCE, AND (B) WAS INCURRED IN THE  PERFORMANCE  AND  DISCHARGE  OF  THE
 MEMBER'S  DUTY.    THE  MEMBER SHALL SUBMIT DOCUMENTATION VERIFYING THAT
 THEY MEET THE ELIGIBILITY REQUIREMENTS OF THIS SECTION.
   § 2. The retirement and social security law is amended by adding a new
 section 363-g to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03391-07-4
 A. 7871--A                          2

 
   § 363-G. VOLUNTEER FIREFIGHTER CERTAIN IMPAIRMENTS OF HEALTH; PRESUMP-
 TION. NOTWITHSTANDING ANY  OTHER  PROVISIONS  OF  THIS  CHAPTER  TO  THE
 CONTRARY,  ANY  CONDITION  OF IMPAIRMENT OF HEALTH CAUSED BY PARKINSON'S
 DISEASE, RESULTING IN TOTAL DISABILITY OR DEATH TO A MEMBER WHO  OUTSIDE
 HIS  OR HER RETIREMENT SYSTEM MEMBERSHIP IS ALSO A VOLUNTEER FIREFIGHTER
 IN THIS STATE AND HAS BEEN FOR A  MINIMUM  OF  FIVE  YEARS,  WHERE  SUCH
 VOLUNTEER  FIREFIGHTER  SUCCESSFULLY  PASSED  A  PHYSICAL EXAMINATION ON
 ENTRY INTO SERVICE AS A VOLUNTEER FIREFIGHTER, WHICH EXAMINATION  FAILED
 TO  REVEAL ANY EVIDENCE OF SUCH CONDITION, SHALL BE PRESUMPTIVE EVIDENCE
 THAT, UNLESS THE CONTRARY BE PROVEN BY COMPETENT EVIDENCE, SUCH DISABIL-
 ITY OR DEATH OF THE MEMBER (A) WAS CAUSED BY THE NATURAL  AND  PROXIMATE
 RESULT  OF  AN  ACCIDENT, NOT CAUSED BY SUCH MEMBER'S OWN WILLFUL NEGLI-
 GENCE, AND (B) WAS INCURRED IN THE  PERFORMANCE  AND  DISCHARGE  OF  THE
 MEMBER'S  DUTY.    THE  MEMBER SHALL SUBMIT DOCUMENTATION VERIFYING THAT
 THEY MEET THE ELIGIBILITY REQUIREMENTS OF THIS SECTION.
   § 3. The education law is amended by adding a  new  section  511-b  to
 read as follows:
   § 511-B. VOLUNTEER FIREFIGHTER CERTAIN IMPAIRMENTS OF HEALTH; PRESUMP-
 TION.  NOTWITHSTANDING  ANY  OTHER  PROVISIONS  OF  THIS  CHAPTER TO THE
 CONTRARY, ANY CONDITION OF IMPAIRMENT OF HEALTH  CAUSED  BY  PARKINSON'S
 DISEASE,  RESULTING IN TOTAL DISABILITY OR DEATH TO A MEMBER WHO OUTSIDE
 HIS OR HER RETIREMENT SYSTEM MEMBERSHIP IS ALSO A VOLUNTEER  FIREFIGHTER
 IN  THIS  STATE  AND  HAS  BEEN  FOR A MINIMUM OF FIVE YEARS, WHERE SUCH
 VOLUNTEER FIREFIGHTER SUCCESSFULLY  PASSED  A  PHYSICAL  EXAMINATION  ON
 ENTRY  INTO SERVICE AS A VOLUNTEER FIREFIGHTER, WHICH EXAMINATION FAILED
 TO REVEAL ANY EVIDENCE OF SUCH CONDITION, SHALL BE PRESUMPTIVE  EVIDENCE
 THAT, UNLESS THE CONTRARY BE PROVEN BY COMPETENT EVIDENCE, SUCH DISABIL-
 ITY  OR  DEATH OF THE MEMBER (A) WAS CAUSED BY THE NATURAL AND PROXIMATE
 RESULT OF AN ACCIDENT, NOT CAUSED BY SUCH MEMBER'S  OWN  WILLFUL  NEGLI-
 GENCE,  AND  (B)  WAS  INCURRED  IN THE PERFORMANCE AND DISCHARGE OF THE
 MEMBER'S DUTY.   THE MEMBER SHALL SUBMIT  DOCUMENTATION  VERIFYING  THAT
 THEY MEET THE ELIGIBILITY REQUIREMENTS OF THIS SECTION.
   §  4.  The  volunteer firefighters' benefit law is amended by adding a
 new section 11-d to read as follows:
   § 11-D. VOLUNTEER FIREFIGHTERS; PRESUMPTION  OF  PARKINSON'S  DISEASE.
 NOTWITHSTANDING  ANY  OTHER  PROVISIONS OF THIS CHAPTER TO THE CONTRARY,
 ANY CONDITION OF IMPAIRMENT OF  HEALTH  CAUSED  BY  PARKINSON'S  DISEASE
 RESULTING  IN  TOTAL  DISABILITY OR DEATH TO A VOLUNTEER FIREFIGHTER, OR
 ANY RETIRED VOLUNTEER FIREFIGHTER WHO HAS BEEN RETIRED FOR TWO  OR  LESS
 YEARS,  WHERE  SUCH VOLUNTEER FIREFIGHTER SUCCESSFULLY PASSED A PHYSICAL
 EXAMINATION ON ENTRY INTO SERVICE, WHICH EXAMINATION  FAILED  TO  REVEAL
 ANY EVIDENCE OF SUCH CONDITION, AND WHO HAS BEEN A VOLUNTEER FIREFIGHTER
 IN THIS STATE FOR A MINIMUM OF FIVE YEARS, SHALL BE PRESUMPTIVE EVIDENCE
 THAT  SUCH  DISABILITY OR DEATH (A) WAS CAUSED BY THE NATURAL AND PROXI-
 MATE RESULT OF AN ACCIDENT, NOT CAUSED BY SUCH FIREFIGHTER'S OWN  NEGLI-
 GENCE,  AND  (B)  WAS INCURRED IN THE PERFORMANCE AND DISCHARGE OF DUTY,
 UNLESS THE CONTRARY BE PROVEN BY COMPETENT EVIDENCE.
   § 5. Notwithstanding any provision of law to the contrary, none of the
 provisions of this act shall be subject to the appropriation requirement
 of section 25 of the retirement and social security law.
   § 6. This act shall take effect immediately.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This bill would amend  the  Retirement  and  Social  Security  Law  to
 provide  Tier  1  and  Tier  2  members  of the New York State and Local
 Employees' Retirement System (NYSLERS) and all members of the  New  York
 State  and  Local  Police  and  Fire Retirement System (NYSLPFRS) with a
 A. 7871--A                          3
 
 presumption that any disability or death resulting from  impairments  of
 health  related  to  Parkinson's  Disease  are the result of an accident
 sustained in the performance of duty unless the contrary can  be  proven
 by  competent  evidence. To be eligible, the member must (1) be a volun-
 teer firefighter in New York State and have been for at least  5  years,
 (2)  have  passed  a  physical examination, and (3) submit documentation
 verifying these eligibility requirements are satisfied.
   Insofar as this bill affects the NYSLERS and NYSLPFRS, if this  legis-
 lation  is enacted during the 2024 Legislative Session, it would lead to
 more disabilities being classified as  "accidental."  The  cost  of  the
 revised  benefit  will depend upon the applicant's age, service, salary,
 plan, and any benefit type otherwise payable but would average:
 
 Benefit prior                 Ordinary     Performance    Service
 to enactment:       None      Disability   of Duty        Retirement
 
 Cost for            10 times  5.5 times    3 times        2 times
 proposed benefit:   salary    salary       salary         salary
 
   Further, we anticipate that there could be some  administrative  costs
 to implement the provisions of this legislation.
   The  exact  number  of  current  members as well as future members who
 could be affected by this  legislation  cannot  be  readily  determined.
 Those  costs  arising  in the NYSLERS and NYSLPFRS will be shared by the
 State of New York  and  the  participating  employers  of  each  system,
 respectively.
   Summary of relevant resources:
   Membership  data as of March 31, 2023 was used in measuring the impact
 of the proposed change, the same data used in the April 1, 2023 actuari-
 al valuation. Distributions and other statistics can  be  found  in  the
 2023  Report  of the Actuary and the 2023 Annual Comprehensive Financial
 Report.
   The actuarial assumptions and methods used are described in  the  2023
 Annual  Report  to  the  Comptroller  on  Actuarial Assumptions, and the
 Codes, Rules and Regulations  of  the  State  of  New  York:  Audit  and
 Control.
   The Market Assets and GASB Disclosures are found in the March 31, 2023
 New  York  State  and  Local  Retirement System Financial Statements and
 Supplementary Information.
   I am a member of the American Academy of Actuaries and meet the Quali-
 fication Standards to render the actuarial opinion contained herein.
   This fiscal note does not constitute a legal opinion on the  viability
 of  the  proposed change nor is it intended to serve as a substitute for
 the professional judgment of an attorney.
   This estimate, dated March 5, 2024, and intended for use  only  during
 the  2024  Legislative  Session, is Fiscal Note No. 2024-63, prepared by
 the Actuary for the New York State and Local Retirement System.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This bill would amend various sections of the Education  Law  and  the
 Retirement  and  Social Security Law to provide an accidental disability
 benefit to an eligible active member or an accidental death  benefit  to
 the  beneficiary  of  an  eligible deceased member of the New York State
 Teachers' Retirement System who has been a volunteer firefighter in  New
 York  State  for  a  minimum of five years and develops any condition of
 impairment of health caused by Parkinson's Disease  resulting  in  total
 disability  or  death.    Such  impairment  of health due to Parkinson's
 A. 7871--A                          4
 
 Disease will be considered caused by an accident,  not  caused  by  such
 member's  own  willful  negligence,  and will be considered to have been
 incurred in the performance of duty.
   Under current law a disability benefit is generally equal to one-third
 of  final average salary. Ten years of service are required to be eligi-
 ble for a disability benefit,  although  this  ten-year  requirement  is
 waived  in  the  case  of  an  accidental disability incurred during the
 performance of duty. The amount of the accidental disability benefit  is
 the same as that of the ordinary disability benefit.
   Under  current  law  the  death  benefit for an active member who dies
 prior to retirement is generally equal to three times the member's  last
 year's  salary,  payable  as a lump sum. The death benefit for an active
 member who dies prior  to  retirement  as  the  result  of  an  accident
 sustained  during the performance of duty is equal to a lifetime benefit
 equal to 50% of the regular salary earned during the member's last  year
 of service.
   The  overall  cost  of  this  bill cannot be readily determined as the
 ultimate number of volunteer firefighter disability retirements or acci-
 dental deaths caused by Parkinson's Disease cannot be determined at this
 time.
   The average cost  per  individual  member  impacted  is  estimated  as
 follows:
 
 Member    Disability Benefit            Accidental Death Benefit
 Age
 
 30        $250,000 (4.3 times salary)   $240,000 (4.2 times salary)
 40        $320,000 (4.0 times salary)   $310,000 (3.9 times salary)
 50        $360,000 (3.6 times salary)   $350,000 (3.5 times salary)

   The  actual  cost  per member would depend on the member and benefici-
 ary's age, tier, years of service and salary. The costs above are deter-
 mined based on averages, so the actual cost for a member could be higher
 or lower.
   Member data is from the System's most recent actuarial valuation files
 as of June 30, 2023, consisting of data provided by the employers to the
 Retirement System. The most recent data distributions and statistics can
 be found in the System's Annual Report for fiscal year  ended  June  30,
 2023. System assets are as reported in the System's financial statements
 and  can  also be found in the System's Annual Report. Actuarial assump-
 tions and methods are  provided  in  the  System's  Actuarial  Valuation
 Report as of June 30, 2023.
   The  source  of  this  estimate is Fiscal Note 2024-24 dated March 25,
 2024 prepared by the Office of the Actuary of the New York State  Teach-
 ers'  Retirement  System  and  is  intended for use only during the 2024
 Legislative Session. I, Richard A. Young, am the Chief Actuary  for  the
 New  York State Teachers' Retirement System. I am a member of the Ameri-
 can Academy of Actuaries and I meet the Qualification Standards  of  the
 American  Academy of Actuaries to render the actuarial opinion contained
 herein.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Assembly Bill A7871A

Share this bill

Sponsored By

SILLITTI

Current Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

Angelo Santabarbara

2023-A7871 - Details

2023-A7871 - Summary

2023-A7871 - Bill Text download pdf

co-Sponsors

Angelo Santabarbara

2023-A7871A (ACTIVE) - Details

2023-A7871A (ACTIVE) - Summary

2023-A7871A (ACTIVE) - Bill Text download pdf

Comments